Courts / Dublin / Report
Drug dealer loses appeal against confiscation order of money deemed to have been acquired through drug dealing
Summary
In a Dublin Circuit Criminal Court case, Robert Harrison, 50, was convicted of possessing drugs for sale or supply in 2001 and sentenced to five years imprisonment in 2002. In 2009, a confiscation order under section 4 of the Criminal Justice Act 1994 removed €6,455 from him. Harrison appealed the confiscation in the Court of Appeal, seeking to add an additional ground of appeal. The Court of Appeal refused leave to add this ground and dismissed the appeal. The court noted that the confiscation order had been based on a Garda's affidavit claiming Harrison sold €350,000 worth of drugs, whereas Harrison admitted €181,000. The judge found no reason to believe the court acted on inadmissible evidence and that the judge's reasoning was terse but adequate. The appeal was therefore dismissed. The case highlighted the admissibility of opinion evidence in confiscation proceedings. Robert Harrison pleaded guilty.
Who, what, where, when and why
What: Report matter: Drug dealer loses appeal against confiscation order of money deemed to have been acquired through drug dealing. Charges or matters: two counts of possessing drugs for sale or supply on 18 August 2001. Procedural stage: appeal
When:
- 18 August 2001 Incident
- February 2002 Incident
- 2015-03-26 Publication
Case subjects
Appellant
Charges: two counts of possessing drugs for sale or supply on 18 August 2001 (Admitted)
Plea: Guilty
Outcome: He was sentenced to five years imprisonment in February 2002 and in 2009 he had €6,455 confiscated by order of the Circuit Court pursuant to section 4 of the Criminal Justice Act 1994. It states that where a person has been sentenced or otherwise dealt with by a court, the court shall determine whether the person has benefited from drug trafficking.
Places mentioned
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